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New Delhi: The Calcutta High Court has given a big relief to Haseen Jahan, the ex -wife of Indian team’s fast bowler Mohammed Shami, has increased the amount of living allowance from her husband from 1.3 lakh to 4 lakh rupees from 1.3 lakh rupees. Haseen Jahan was fighting a fight in court since 2018. After this decision, Haseen Jahan has thanked all the people including the court and his lawyer who were with him in this legal battle.
At the same time, after this decision of the court, fans of cricketer Shami have expressed their unhappiness on it, and for this he is trolling Haseen Jahan. The special thing is that people from both Hindu and Muslim community are among the trolls. Muslims are trolling Haseen Jahan without this that there is no provision for a divorce wife to take alimony from his ex -husband. Muslims are trolling that the money taken from Shami is forbidden. At the same time, Hindus are trolling for the fact that due to the law of the country, Haseen Jahan will get this alimony amount, otherwise if she would have gone on Sharia law or Muslim personal law, then there would have been an abandoned hall. No one is going to ask.
Why is there no provision for living allowance in Islam
Significantly, there is no provision for giving alimony to divorced wife in Islam. In Islam, marriage has been considered a social contract, which will continue till the mutual consent of both sides. Here marriage is not considered to be a relationship of birth and birth. Nor is there any concept to get up from the in -laws after getting up from the maiden. Here there is a provision for separation in Mian-wife and separating from each other in case of affliction. This provision and Haq is for both Mian and wife. Both of them can start their new life by separating from the non-running relationship.
However, after divorce in Islam, three months i.e. three times till Mahila till menopause), it has the right to stay in the house of her husband who has divorced her. But in the meantime, he cannot make any physical relationship with him. The husband has been given the responsibility of raising the expenses of this three months period. After this, there is no responsibility of a divorced wife for her ex -husband.
However, after divorce from wife, the responsibility of raising and spending children was loaded on the father of that child. Even the responsibility of marriage of the daughter will be on her original father even if she lives with her mother.
Islam motivates men to marry widowed women to give them social and economic security, but does not provides for any kind of alimony to divorce wives (who is not logically their wife).
In this case, Mufti Abrar Kasami says, “After the divorce, when there is no relationship in Mian-Biwi, both are strangers for each other. If you are free from each other, then why will a stranger man bear the expenses of that woman.”
In this case, Mufti doctor Shamshuddin Ahmed Nadvi says, “There is some logic behind every issue and law in Islam. If such a provision is made, then after a time, most women will separate from their husbands and spend a lonely life on their expenses. Today there is a lot of cases in the country, in which women are getting married only to take money and money from husband. Picking up, who is no longer his wife, and who did not accept her husband while staying in marriage. “
Shamshuddin Ahmed Nadvi, handing over China, says that the world will one day adopt the rule of Islam as China has adopted. China has canceled the law in its country, in which after divorce, the ex -wife provides for alimony. Under this law, the women there take a lot of money from their husbands and ash their money. Due to this law, China’s family Nizam has deteriorated. Clever type of women exploit men in the name of alimony.
Muslim women can also take alimony from husband under the law of the country
Although there is no provision to give alimony to divorced wives in Islam, there is a provision to give alimony to divorced wives under India’s CRPC-125 and Section 144 of the Indian Nayay Sahyanta. Indian law provides for pre -wives to provide alimony from former husbands until a woman marries another man. Any divorced Muslim woman can claim alimony from her ex -husband by resorting to these laws, and the court can ban her husband to give alimony. The Supreme Court has said in many decisions that divorced Muslim women are also entitled to take alimony from their former husbands.
There is a ruckus in the country in the name of alimony
In 1972 in Madhya Pradesh, a Muslim woman named Shah Bano was married to Mohammad Ahmed Khan, a famous lawyer from Indore. The couple had five children from this marriage. But after 14 years, Ahmed Khan got married to a young woman another. After years of living with both wives, he divorced Shah Bano at the age of 42. He had promised to give him a living allowance of Rs 200 per month, but in April 1978, he stopped giving the said money to Shah Bano. Shah Bano filed a case under Section 125 of the Criminal Procedure for Rs 500 as maintenance. The husband argued that he was not his wife after Talak, so she is not responsible to maintain her. In August 1979, the local court directed Khan to give an amount of ₹ 25 per month to Bano as maintenance. On July 1, 1980, on a revision application of Bano, the High Court of Madhya Pradesh increased the amount of maintenance to ₹ 179.20 per month. After this, Khan filed a petition to appeal in the Supreme Court, claiming that Shah Bano is no longer the responsibility, because Shah Bano is no longer his responsibility. At that time, the Supreme Court had given a verdict in favor of Shah Bano, but the Parliament had made a law inactivated the court’s decision, which the then Rajiv Gandhi government is criticized since then.
